Clinicians' fear of malpractice litigation is the most significant obstacle
to the open reporting of medical mistakes. Without open reporting of medic
al mistakes, however, root cause analysis of mistakes cannot be done, thus
undermining efforts to implement safeguards to minimize the occurrence of f
uture mistakes. Efforts to prevent medical mistakes, therefore, must first
directly address clinicians' fear of malpractice litigation. In this paper,
we explore the relationship between the current malpractice system and cli
nicians' fear of litigation. Ultimately, we argue that both the prevention
of medical mistakes and the goals of malpractice litigation itself will be
better served if substantial malpractice reform is undertaken.